Table of contents

Mercurii, 11 die Decembris, 13° Car. Regis.

Prayers.

Privilege.

UPON Information given to this House, That one
Thomas Tillan, being a dangerous Person, and being imprisoned for some Fact by him committed, contrary to the Law; the said Thomas Tillan, by Practice
with one Thomas Lucas an Attorney, upon a feigned Certificate, that the said Tillan was a Prisoner to the Serjeant
at Arms attending this House, endeavoured to obtain his
Release;

Ordered, That the said Thomas Tillan and Thomas
Lucas be sent for in the Custody of the Serjeant at Arms
attending this House, to answer this Abuse and Misdemeanor objected against them.

Ettrick's Estate.

An ingrossed Bill of Anthony Ettrick, to sell Lands for
Payment of his Debts, was this Day read the Third time.

Resolved, That this Bill do pass: And that the Title
shall be, An Act enabling Anthony Ettrick to sell Lands
for Payment of his Debts.

College Leases, &c.

A Bill to confirm an Act for Confirming of Leases
made by Colleges and Hospitals, was this Day read the
Second time.

Resolved, That this Bill be committed to the Committee for Publick Acts: And they are to meet To-morrow,
at Two of the Clock, in the Speaker's Chamber; and
to take into Consideration the Petitions; and hear the
Counsel and Witnesses of all Parties concerned: And
to send for Persons, Papers, and Records; and to make
Use of such other Powers as were formerly given to
them by this House.

Yorkshire Cloth Trade.

A Bill for the better Regulating of the Manufacture
of broad mixed Woollen Cloth, within the West Riding
of the County of Yorke, was this Day read the Second
time.

Confirming Ministers.

The House did then resume the further Debate upon
the further Amendments to the Bill for Ministers.

And the Third Proviso, reported to be added to the
said Bill, being, "Provided also, and be it Enacted, That
no Person or Minister, confirmed, or mentioned to be
confirmed, in any Benefice, or Ecclesiastical Promotion,
by the late Act, intituled, An Act for the Confirming
and Restoring of Ministers; and now caused, by this Act,
to take Institution and Induction into the same Benefice;
shall compound for, or pay, any First-fruits to his Majesty, for such Benefice or Promotion, upon Occasion of
such his Institution or Induction; nor incur any Prejudice
for not compounding or paying the same;" the same,
being twice read, was, upon the Question, agreed unto.

And the Fourth Proviso, reported to be added to the
said Bill, being, "Provided, that this Act, or any thing
herein contained, shall not be extended to avoid any Presentation rightfully made by the King's Majesty, otherwise than in case of Lapse;" the same, being twice
read, was, upon the Question, agreed unto.

And the Fifth Proviso, reported to be added to the
said Bill, being, "And it is hereby Provided and Enacted,
That all such Persons or Ministers, who held any sequestered Living or Benefice, their Executors or Administrators, shall be, and are hereby, made liable to account
for, and pay, One full Fifth Part of the Profits of such
Living or Benefice, and the Arrears thereof, unto the Incumbent that was sequestered from the same; or (in case
such Incumbent be dead) to his Wife, Child, or Children; the same to be ascertained by the Commissioners,
or any Three or more of them: And the Parties, to
whom the same is appointed to be paid, are hereby respectively enabled to recover the same by Action of Debt,
at the Common Law, in case no Composition or Agreement hath been made for the same; any thing in this
Act, or in the aforesaid Act hereby confirmed, notwithstanding;" the same was twice read: And

Resolved, upon the Question, That the Word "Heirs,"
between the Word "their," and the Word "Executors," in the Second Line of the said Proviso; and the
Words "respectively having Assets," between the Word
"Administrators," and the Word "shall," in the same
Line; be inserted: That the Words "account for, and,"
in the Third Line, be struck out; and that the Word
"clear," between the Word "the," and the Word
"Profits," in the same Line, be inserted; and that these
Words, "for such Time as they held the same," after
the Word "thereof," in the Fourth Line, and the
Words "Executors or Administrators, or such of them
as the said Commissioners, appointed by the said Act, or
any Three or more of them, shall think fit," after the
Word "Children," in the Fifth Line; and the Words
"appointed by the said Act," after the Word "Commissioners," in the Sixth Line; and the Words "and
observed," after the Word "made," in the Eighth
Line; be inserted, and made Part of the said Proviso.

Which was done accordingly, at the Clerk's Table.

Resolved, That the said Proviso, so amended, be made
Part of the Bill.

And the Sixth Proviso being, "Provided always, and
be it Enacted, by the Authority aforesaid, Whereas
divers orthodox Ministers, which have been instituted and
inducted into Benefices, with Cure, have been forcibly
hindered from publick reading the Articles of Religion
in the Churches, whereof they have Cure, according to
the Statute in that Case made and provided; That, if such
Minister, who hath been instituted and inducted into a
Benefice, with Cure, since the 25th Day of December
1659, and hath a Testimonial from the Bishop, or
Guardian of the Spiritualities, of the Diocese where
such Benefice doth lie, in Writing, under his Seal, of his
Assent and Subscription unto the said Articles, that the
same shall be as effectual, to all Intents and Purposes, as
if the said Minister had publickly read the said Articles
of Religion in the Church, according to the Statute in
that Case made and provided; any thing in the said
Statute contained to the contrary notwithstanding;" the
same was twice read: And

Resolved, upon the Question, That the Words "through
Force, Fraud, or Fear" be inserted, instead of the Word
"forcibly," in the Third Line of the said Proviso.

Which was accordingly done, at the Clerk's Table.

Resolved, upon the Question, That the said Proviso,
so amended, be made Part of the Bill.

And the Seventh Proviso being, "Provided also, and
be it Enacted, by the Authority aforesaid, That no Minister, or Ecclesiastical Person, who hath petitioned, or
promoted any Petition, to bring the late King Charles,
of blessed Memory, to Trial; or who hath preached or
published, in Print or Writing, or uttered in Prayer, any
such seditious or treasonable Words or Speeches, before
the Death of his late Majesty; or justified it afterwards;
or hath been simoniacally promoted to any Ecclesiastical
Benefice or Promotion (which said Offences, any or either
of them, shall be proved by Two or more credible Witnesses, upon Oath, before the Commissioners by the Act
appointed, or any Five or more of them, who are hereby
impowered to give such Oath); shall remain, continue,
or be taken, to be a real and lawful Incumbent of any
Ecclesiastical Living, Benefice, or Promotion, whereof
he is now possessed: But the same is hereby declared to be
void, to all Intents and Purposes, as if the said Minister,
and Ecclesiastical Person, were dead: And the Patron,
who hath the next and immediate Right to present unto
the same, shall and may present thereunto, as in case of
Vacancy or Avoidance by the Death of the Incumbent;
any thing in this Act to the contrary, or any Presentation
from his Majesty or others, notwithstanding;" the same
was twice read: And

Resolved, upon the Question, That the Words "have
been, or," after the Word "them," in the Seventh Line
of the said Proviso; and the Words "King's Majesty,
in such Case of Simony, and the King, or other," after
the Words "and the," in the Twelfth Line; and the
Words "in the other Cases aforesaid, who," before the
Word "hath," in the Thirteenth Line of the said Proviso; be inserted therein.

Which was accordingly done, at the Clerk's Table.

Resolved, upon the Question, That the said Proviso,
so amended, be made Part of the Bill.

And the Eighth Proviso being, "Provided always,
and be it Enacted, by the Authority aforesaid, That every
Resignation or Surrender of any Ecclesiastical Benefice
or Promotion, heretofore made by any Ecclesiastical Person, or Minister, by Fraud, extreme Poverty, Force, or
Fear of Imprisonment, or Sequestration, during the late
Troubles, shall be utterly void, and of none Effect; any
thing in this Act, or the late Act, intituled, An Act for
the Confirming and Restoring of Ministers, contained to
the contrary in any wise notwithstanding;" the same was
twice read: And

Resolved, upon the Question, That the Words "or
upon which no Presentation or Nomination of a Minister,
by the Patron, under his Hand and Seal, did follow
within Six Months" be inserted, after the Word "Troubles," in the Third Line of the said Proviso.

Which was accordingly done, at the Clerk's Table.

Resolved, upon the Question, That the said Proviso,
so amended, be made Part of the said Bill.

And the Ninth Proviso being, "Provided also, that
neither this Act, nor any thing therein contained, shall
extend to confirm any Person or Minister in any Ecclesiastical Living or Benefice, who by any Articles or Complaint by himself, or any other, by his Procurement, exhibited unto any Committee, or other illegal Prosecution,
during the late Troubles, did cause or procure the former
Incumbent thereof to be sequestered from the same; notwithstanding, that such Person hath been placed or confirmed in the same Benefice, since the Death of such Incumbent; so as it be proved by the Oaths of Two or
more credible Witnesses, before the Commissioners appointed by the said Act, or any Three or more of them,
who have hereby Power to administer the same; unless it
shall be made appear, that the Person, so sequestered or
ejected, was really scandalous, and therefore removed
from the same: And that in such Case it shall and may
be lawful to and for the rightful Patron of such Living
or Benefice to present or collate unto the same, as in
case of Vacancy or Avoidance by Death of the Incumbent; this present Act, or any thing to the contrary, notwithstanding;" the same was twice read; and, upon the
Question, agreed to be made Part of the Bill.

And the Tenth Proviso being, "Provided also, and
be it Declared and Enacted, by the Authority of this present Parliament, That every Minister who was rightful
Incumbent of more Livings than one, being duly qualified thereunto, and was sequestered from them, or any
of them, shall be restored to the said Living or Livings,
from which he was sequestered; and shall from thenceforth be in the actual Possession thereof; any thing in
the said Act to the contrary hereof in any wise notwithstanding;" the same being twice read;

It was Resolved, upon the Question, That the Words
"or put out," after the Word "sequestered," in the 3d
Line; and the Words "Resignation, or any," after the
Word "any," in the 5th Line of the said Proviso; be
inserted, and made Part of the said Proviso.

Which was accordingly done, at the Clerk's Table:
And

Resolved, That the said Proviso, so amended, be made
Part of the said Bill.

Resolved, That the Debate of the remaining Provisoes,
reported to be made Part of the said Bill, be adjourned
till Friday Morning next: And that the same be then
proceeded in, and finished.

Vexatious Arrests, &c.

A Message from the Lords, by Sir Thomas Bird and
Sir Wm. Glascock, Two of the Masters of Chancery;

Mr. Speaker, The Lords have sent you down a Bill,
intituled, An Act for Prevention of Vexations and Oppressions by Arrests, and of Delays in Suits of Law:
To which they desire the Concurrence of this House.

Supply Bill.

Resolved, That the Names to be inserted into the Bill
for the Eighteen Months Assessment be read To-morrow
Morning.

And then the House adjourned till To-morrow
Morning, at Eight of the Clock.